SC upholds UPSC ban on double reservation benefit
May 8, 2010: The Times of India
NEW DELHI: The SC on Friday upheld the validity of a civil services examination (CSE) rule virtually stopping double quota benefit for reserved category candidates who qualify on merit after competing under general quota.
A bench comprising Chief Justice K G Balakrishnan and Justices S H Kapadia, R V Raveendran, B Sudershan Reddy and P Sathasivam quashed a Madras High Court order which had termed the CSE rule 16(2) as unconstitutional. Rule 16(2) provides an opportunity to reserved category candidates, who rank among the general category, to fall back on their backward class status and improve their service choice.
The improved service so availed by the reserved category candidate would then be counted against the quota posts specified for that service.
For example, if a reserved category candidate secures a rank in general category that fetches him Indian Revenue Services, then he could avail his backward status to improve his service and even get IAS.
Under Rule 16(2), the IRS post so vacated by the candidate by falling back on his SC, ST or OBC status, would then be offered to a general category candidate next in the waiting list. The HC had termed Rule 16(2) as unconstitutional as it was detrimental to the intention of socially affirmative action provided under the law.
Challenging this judgment, the Centre and a host of petitioners termed the HC ruling anomalous. Appearing for one of the petitioners, advocate Anirudh Sharma had argued that it would amount to giving reservation over and above the specified percentage of posts reserved for SCs, STs and OBCs. The SC had on June 1, 2008, stayed the HC judgment.
Writing the unanimous verdict for the five-judge bench, CJI Balakrishnan said, “Candidates who avail the benefit of Rule 16(2) and are adjusted in the reserved category should be counted as part of the reserved pool for the purpose of computing the aggregate reservations.”
Merit candidates can migrate to reserved category in civil services: court
The Supreme Court on Friday held that candidates in the ‘Meritorious Reserved Category’ (MRC) selected on merit and placed in the ‘general/unreserved category’ in the Central Civil Services Examination could be given a choice to opt for a service of higher preference in terms of Rule 16 (2) of the CSE Rules.
This rule says: “While making service allocation, candidates belonging to SC/ST or OBCs recommended against unreserved candidates may be adjusted against reserved vacancies by the government if by this process they get a service of higher choice in the order of their preference.”
A Constitution Bench of Chief Justice K.G. Balakrishnan and Justices S.H. Kapadia, R.V. Raveendran, B. Sudershan Reddy and P. Sathasivam said: “The reserved candidates belonging to the OBC/SC/ST categories who are selected on merit and placed in the list of general/unreserved category can choose to migrate to the respective reserved category at the time of allocation of services. Such migration as envisaged under Rule 16 (2) is not inconsistent with Rule 16 (1) or Articles 14, 16 (4) and 335 of the Constitution.”
The Centre appealed against a Madras High Court judgment holding ultra vires and unconstitutional Rule 16 (2) and directing it to rework service allocation dehors Rule 16 (2). Certain writ petitions were also filed. The Supreme Court stayed the judgment and referred the matter to a larger Bench.
Now, the CJI, writing the judgment, said: “MRC candidates who avail themselves of the benefit of Rule 16 (2) and are adjusted in the reserved category should be counted as part of the reserved pool for the purpose of computing the aggregate reservation quotas. The seats vacated by MRC candidates in the general pool will be offered to general category candidates.”
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